Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the Ninth Circuit Bankruptcy Appellate Panel. BAP No. 10-1277. Dunn, Markell, and Kirscher, Bankruptcy Judges, Presiding.
ASATOUR BAGHDASARIAN, Appellant, Pro se, La Crescenta, CA.
For SRT PARTNERS, LLC, Appellee: Benjamin C. Logan, Esquire, Attorney, KIMBALL, TIREY & ST. JOHN, Los Angeles, CA; Karl Patrick Schlecht, Attorney, KIMBALL TIREY & ST. JOHN, Irvine, CA; Sanford M. Wall, Esquire, Attorney, HOLLENBECK & CARDOSO LLP, Long Beach, CA.
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Asatour Baghdasarian appeals pro se from the Bankruptcy Appellate Panel's (" BAP" ) judgment dismissing as moot Baghdasarian's appeal from the bankruptcy court's grant of relief from stay, allowing SRT Partners to proceed with an unlawful detainer action after purchasing Baghdasarian's property in a foreclosure sale. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo a determination that an appeal from a bankruptcy court decision is moot. Nat'l Mass. Media Telecomm. Sys., Inc. v. Stanley (In re Nat'l Mass. Media Telecomm. Sys., Inc.), 152 F.3d 1178, 1180 (9th Cir. 1998). We affirm.
The BAP properly dismissed the appeal as moot because the bankruptcy court had dismissed Baghdasarian's case and the property at issue had been sold to a non-party. See Doe v. Madison Sch. Dist. No. 321, 177 F.3d 789, 797-98 (9th Cir. 1999) (" If an action or a claim loses its character as a live controversy, then the action or claim becomes 'moot,' and we lack jurisdiction to resolve the underlying dispute." ); In re Nat'l Mass. Media Telecomm. Sys., Inc., 152 F.3d at 1180 (sale of debtor's property to a non-party renders claims moot if debtor seeks only a return of his property).
SRT Partners's amended request to supplement the record on appeal, filed on December 6, 2012, is denied.
AFFIRMED.